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TERMS OF SERVICE AND END USER LICENSE AGREEMENT (‘EULA’)
The following terms of service and EULA constitute a legal agreement between Jaina Marketing Associates (‘Jaina’) and you for use of the Device, Software, Firmware, APK (all terms defined below) whether pre-installed or downloaded by you, as the case may be.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
If you do not agree to be bound or cannot comply with any of the EULA, please do not continue with availing the services or using the Devices. Your act of clicking on/checking the “I agree” tab/box below shall be deemed as agreement to these EULA.
For the purposes of this EULA,
‘Device’ shall mean the mobile device of Jaina owned by you;
‘Software’ shall mean the pre-installed software including the APK in the Device, which software is either owned by Jaina or third party suppliers and includes upgrades, updates, enhancements and push notifications provided from time to time.
“Firmware” means the software packaged and programmed into the Mobile Devices and includes any updates, push notifications, upgrades provided by Jaina through the Firmware over the air technology or any other modes, from time to time
‘APK’ shall mean the preinstalledapplication store services which may be made available on your Device, which you can use to download third party applications.
Subject to the EULA and its terms and conditions, Jaina hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install, use, access, display and run one copy of the Software, which are owned by Jaina,and the Firmware on a single mobile handheld device in perpetuity for the territory of India. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
For any of Software owned by third party suppliers, the use of such software including the grant of the license in such third party Software updates shall be governed by their individual end user license agreements.
2. Term and Reservations
The term of your license under this EULA shall commence on the date that you accept this EULA and install the Software on the mobile handheld device. You shall not or enable/authorize/permit others to copy, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms of the Device, Software, Firmware or modify or disable any features of the Device, Software, Firmware or create derivative works based on the aforesaid. The license shall immediately terminate if you attempt to circumvent any technical protection measures used in connection with the Software, Firmware in breach of the terms of this EULA. You may not transfer this EULA or the rights to the Software, Firmware granted herein to any third party unless it is in connection with the sale of the Device. In such an event, the transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA), Firmware and you shall not retain any copies of the Software, and the transferee must undertake to be bound by all the terms contained herein.
Notwithstanding anything to the contrary Jaina is not responsible for any Firmware/Software that fails to download/install on your Device, or is downloaded/installed incorrectly and/or any Firmware/Software that you are unable to use or access at any time for any reason whatsoever.
3. Software Updates
Jaina or such other third party may make available to you updates, upgrades, supplements and add-on components of the Software, Firmware including bug fixes, service upgrades and feature improvements after the date you obtain your initial copy of the Software. This EULA shall apply to all and any component of the update, unless other terms are made available with such updates. Jaina shall provide the updates, upgrades, enhancements entirely at its discretion and nothing in this EULA shall be deemed to impose an obligation on Jaina to provide the aforesaid.
You may need to install updates to the existing Software, Firmware that Jaina provides from time to time, for the continued or enhanced use of such Software or Firmware. Your use of the Software, Firmware and/or Devicemay also receive automatic updates. If you do not agree to such automatically requested and received updates then please do not use the Device, Software and/or Firmware.
Your Device or computer may periodically check with the APK or any third party platform for updates to the Software, Firmware on your Device and, if available, the update may automatically download and install. You agree that the Device, through the Software, APK and/or any third party platform, may automatically download and install updates onto your Device.
You agree and acknowledge that for the purposes of download or subscription of certain Software, you may have to pay a certain amount of fee applicable at the time of your download or subscription. Jaina and third party service providers reserve the right to increase the fees/charges payable for such download/subscription from time to time. The continued use of the Software earlier downloaded or subscribed may attract certain fees/charges. In the event you do not pay such charges/fees, as per the applicable terms and conditions, Jaina and/or the third party service provider, as the case may be, may discontinue your right to access, download, subscribe to such Software or any part thereof.
All rights not expressly granted to you in this EULA are retained by Jaina or third parties, as the case may be. Jaina and its suppliers own the title, copyright and other intellectual property rights in the Firmware and Software. For the sake of clarity, the Firmware, Software is licensed, not sold.
6. Consent to use of data
To provide updates, Software, Firmware, you agree that Jaina or its authorized representative may collect and use technical information gathered as part of the productsupport services related to the Software/Firmware provided to you, if any, such as IMEI, device number, model name, customer code, access recording, current operating system and related information. Jaina may use this information solely to improve their, products or to provide customized services or technologiesto you and will not disclose this information in a form thatpersonally identifies you.
7. Internet Access
Some features of the Firmware, Software and/or Device may require your Device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. Unless your Device is connected to the internet through Wi-fi connection, the Firmware, Software will access the internet through your mobile network, which may result in additional charges as per your network service provider.
8. Third Party Applications
Certain third party applications or services may be included with, or downloaded to your Device. Such third party applications or services may display, include or make available content, data, information, applications or materials from third parties (‘Third Party Materials’) or provide links to certain third party websites. By using the Software, you acknowledge and agree that Jaina is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications, in any manner whatsoever. You expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you.
You agree to abide by all terms, conditions, restrictions in connection with the Third Party Materials, as may be prescribed by such third parties, from time to time, without any recourse to Jaina.
You understand that by using the Device, Software and/or Firmware, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the Device, Software and/or Firmware at your sole risk and Jaina shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that Jaina does not guarantee their accuracy.
JAINA DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. JAINA EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER.
You hereby represent, warrant and undertake to Jaina that (i) You shall use the Software, Firmware and/or Device strictly in compliance with applicable laws; (ii) You shall not infringe any copyright, trademark, or patent or misappropriate any trade secret; (iii)You shall not use the Firmware, Software or Device for any deceptive, defamatory, obscene, pornographic or unlawful purposes; (iv) You shall not introduce any viruses, worms or other malicious computer programming codes into the Firmware, Software or Third Party Materials; and (v) You shall not otherwise violate the rights of a third party.
The Device, Software may offer interactive features that allow you to submit materials (including links to third-party content) which may be accessible and viewable by other users and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials. You hereby grant Jaina a worldwide, royalty-free, nonexclusive license to use such materials as part of the Device, Software, or in relation to the Device, Software, without any compensation or obligation to you. Jaina reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Jaina has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Software, Device, to investigate any reported or apparent violation of this Agreement, and to take any action that Jaina in its sole discretion deems appropriate, including, without limitation, termination hereunder.
10. Use of APK
You agree and acknowledge that for you to use the APK for downloading any Software, you will have to create an account with a user name and password (“Account”). You must keep your user details secure and not share them with anyone. You further agree that your Account may be suspended, without any notice, in the event your breach this EULA or any end user license agreement of any third party or any part thereof. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Jaina of any security breach of your Account. Jaina shall not be responsible for any losses arising out of the unauthorized use of your Account.
Purchase and/or download of any Software from the APK and/or download of the Firmware on the Device may be subject to further authentication and you agree to comply with any such procedure that may be applicable, from time to time. Each Software and Firmware may have a separate download and delivery timelines and you shall not hold Jaina responsible for any delay or failure in download, delivery, access and/or use of any Software and/or Firmware by you.
You agree and acknowledge that Jaina may use details from your Account for providing services, enhancements and upgrades, from time to time.
This EULA is effective until terminated. Your rights under this license will terminate automatically without notice from Jaina if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software, Firmware and destroy all copies, full or partial of the Software.
12. Disclaimer of Warranties
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL SOFTWARE/FIRMWARE PROVIDED BY JAINA WITH THIS DEVICE/SOFTWARE/FIRMWARE (WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) AND THE DEVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM JAINA OR ANY OF ITS AFFILIATES, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, JAINA DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY WITH THE DEVICE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JAINA OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY JAINA OF WARRANTY REGARDING SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM JAINA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
13. Limitation of Liability
IN NO CASE SHALL JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE AND/OR THE SERVICES OR THE MOBILE HANDHELD DEVICE THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE OR THE MOBILE HANDHELD DEVICE THEREOF, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, JAINA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, JAINA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE.
YOU HEREBY IRREVOCABLY AND UNCONSIDTIONALLY WAIVE YOUR RIGHT TO SUE, OR RECOVER ANY DAMAGES FROM JAINA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ANY SERVICES, SOFTWARE, FIRMWARE OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF JAINA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION ABOVE APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
14. Governing Law
You shall comply with the laws of India and/or any laws that may apply to You.
Notwithstanding the conflict of laws principle, the EULA shall be governed and construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the use of the Device/Software/Firmware and/or availing the services on the Portal shall be referred to a sole arbitrator appointed by JAINA and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by You.
Subject to the above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India. Notwithstanding the foregoing, You agree that JAINA has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
a. You agree to bear the full, complete, and sole responsibility for using the Device,Firmware and/or Software of any purpose. You also agree to indemnify and hold Jaina harmless from and against any claims, proceedings, actions, damages, costs (including reasonable attorneys’ fees), and expenses resulting from your use of the Software and/or the mobile handheld device for any illegal purpose and/or in breach of the provisions contained herein.
b. If any provision of this EULA is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
c. You acknowledge that your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, governing law, confidentiality shall survive the efflux of time and the termination of this EULA.
e. You hereby acknowledge and agree that the relationship between you and Jaina and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
f. You agree and acknowledge that owing to the evolving nature of the services, these terms of this EULA will be amended from time to time. You shall be solely responsible to keep yourself apprised of the changes which will be reflected in this document from time to time. Jaina may not send any private communication to you of any change. It is agreed that you will be bound to the amended EULAat all times.
Karbonn is proud to be a part of your lives but we also have another very important part to play. As a responsible organization, Karbonn recognizes the importance of safe disposal of electronic waste. In view of the legislation called E-Waste (Management and Handling) Rules, 2011, passed by the Ministry of Environment & Forests (MoEF) and which has been in effect from May 1, 2012; we have been actively working towards the cause.
In addition to complying with all the applicable laws related to E-Waste management, we also seek support and cooperation from our customers in order to reduce the environmental side effects of electronic waste. To take the efforts a level higher, we have partnered with an e-waste company called 3R Recycler. The company collects, dismantles and disposes e-waste from around the country. 3R also believes in complete recycling of e-waste to turn it into an important resource.
You can reach us at
Plant address: Plot No. -266, Sector -8 , IMT Manesar, Gurgaon -122052.
Head Office: 412, 4th Floor, DDA Complex, Laxmi Nagar, Dist. Center, Delhi -110092. Ph. No. 011 43026362
(a) We collect the following categories of Personal Information from you when you use the Services or any part thereof:
(i) Information you provide directly to us;
(ii) Information we collect about your use of our Services include time and duration of the user of Services, location from which Services are accessed/used, the websites/applications you visit and use;
(iii) Information we obtain from third party sources;
(iv) Any other information that may be required by us for allowing you to access the Services;
(v) Information of your mobile device, IMEI, hardware and software details, details of operating system and other unique identifiers;
(vi) Voice information, if any
(c) You agree that We are not responsible for the accuracy, authenticity or verification of the Personal Information provided by You.
(b) You shall at any time be entitled to withdraw your consent to the collection, storage, use, disclosure, and transfer, of the Personal Information by Us, by notifying your intention in writing to the Grievance Officer on the address provided in paragraph 14 below. However, in the event that You so choose to withdraw your consent to the aforesaid, we shall be entitled to discontinue providing any or all of the Services to you.
The Personal Information collected by Us is used by Us, our affiliates, subsidiaries and joint ventures,inter alia, for-
(i) Allowing you to use the Services that you request;
(ii) Providing Services to you, facilitating services provided by advertisers, third party service providers, and business partners;
(iii) Enhancing the efficiency/quality of our Services and providing maintenance services;
(iv) For assessing and analysing our Services;
(v) Provide customized content and advertising;
(vi) Any other purposes required for offering the Services;
(vii) Any purposes as may be required under applicable laws.
(b) The Personal Information provided by you can be shared by Us at any time without obtaining explicit consent from you, with any government agencies mandated under the law to obtain Personal Information including sensitive Personal Information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences;
(c) Personal Information provided by you may also be disclosed by Us at any time without obtaining explicit consent from you, to any third party by an order under the applicable law for the time being in force;
(d) We will endeavour to ensure that third parties who are the recipients of the Personal Information maintain the confidentiality of such information, with the same level of data security practices as are employed by Us in relation to the Personal Information, and use the Personal Information only in relation to the Portal and the services offered by Us to you;
(e) We may also disclose the Personal Information to enforce our policies, and/or to address concerns/complaints regarding the nature of the content posted by you, and/or to prevent any unethical/illegal practices/activity.
(a) Personal Information may be disclosed/transferred to the following recipients:
(i) Third party service providers who assist Us in rendering services to you and/or enhance the efficiency of the services to you;
(ii) Your information may be shared among our affiliates;
(iii) We also may share your information with trusted business partners, including wireless carriers. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional materials, advertisements and other materials;
(iv) There maybe instances when we disclose your information to other parties- to comply with the law or respond to compulsory legal process and/or to verify/enforce compliance with the policies governing our Services;
(v) We may disclose your information to a third party as part of a merger or transfer, or in the event of a bankruptcy
7. Other Information
(c) Wemay from time to time send you certain promotional material/ advertisements/ additional information with regard to the services provided/ offered by Us, to the e-mail address provided by you. You may at any time choose to opt-out of receiving such communications, by sending an e-mail to this effect to the contact address provided under paragraph13.
(i) To enable Us to identify your device and help you navigate through the Services;
(ii) To enable Us to enhance the quality of Services provided by Us to you;
(iii) To collect standard information such as your IP address, computer sign-on data, statistics on page views.
9. Alteration/ Deletion
You may at any time review/ correct/ supplement/ add to, the Personal Information provided by you, by sending an e-mail to this effect to the contact address notified under paragraph13. We shall at no time be responsible/liable for the authenticity/ veracity of the Personal Information provided by you.
We have put in place reasonable physical and technical measures to safeguard the information we collect in connection with the Services. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure.
11. Publically available third party information
Our Services may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.
We also may make available to you certain products or services (e.g., apps available through play stores) developed by third parties. We are not responsible for these third-party products or services.
If you connect with a social networking service, we may receive and store authentication information from that service to enable you to log in, as well as other information that you allow us to receive when you connect with these services.
Also, please note that if you choose to connect with a social networking service on a device used by people in addition to you, those other users may be able to see information stored or displayed in connection with your account on the social networking service(s) with which you connect.
13. Grievance Officer
(i) Requests for review/ modification/ deletion of any Personal Information provided by you;
(iii) Complaints/ grievances regarding posts/ information shared by other users;
(iv) Intimation of withdrawal of consent to use Personal Information by us;